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ARTICLE · 07 NOVEMBER 2018

Ninth Circuit Once Again Upholds A State's Clean Fuel Standards

Jones Day
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For the second time in five years, the United States Court of Appeals for the Ninth Circuit has upheld a state's regulatory efforts to reduce greenhouse gas emissions from transportation fuels.

United StatesEnvironment
Brian Greenert
Brian Greenert
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For the second time in five years, the United States Court of Appeals for the Ninth Circuit has upheld a state's regulatory efforts to reduce greenhouse gas emissions from transportation fuels. On September 7, 2018, a divided Ninth Circuit panel affirmed the United States District Court for the District of Oregon's dismissal of industry groups' lawsuit challenging Oregon's Clean Fuels Program ("Program"). Am. Fuel & Petrochemical Mfrs. v. O'Keeffe, 903 F.3d 903 (9th Cir. 2018).

The Oregon legislature created the Program in 2009, after finding that global warming posed a serious threat to Oregon's economic well-being, public health, natural resources, and environment. The Program is designed to reduce the average amount of greenhouse gas emissions from transportation fuels produced in or imported into Oregon to at least 10 percent lower than 2010 levels by 2025.

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